apple juice. the fda announces new guidelines on how much arsenic is allowed in apple juice. we are going to tell you what it all means. jury deliberations are expected to begin this morning the defense will give arguments answering the prosecution. the judge allowed a new charge in the case. let's get to george howell in sanford, florida, with the latest, good morning, george. >> reporter: that new charge manslaughter and it will be up to defense attorney mark o'mara for three hours to convince jurors george zimmerman is not guilty of manslaughter and not guilty of second-degree murder and then the prosecution gets one hour for rebuttal. >> the attorneys will now present their final arguments.

>> reporter: closing arguments the final stage in the trial against george zimmerman for the fatal shooting of 17-year-old trayvon martin. >> a teenager is dead. he is dead through no fault of his own. he is dead because another man made assumptions. >> reporter: prosecutor bernie de la rionda went into great detail pointing out inconsistencies in zimmerman's story from the national television interview he did to the video re-enactment conducted with police. the prosecution picked apart zimmerman's account of what happened. >> why is he able to yell if the defendant claims the victim was -- how he's going to talk or is he lying about that? look at the gun. look at the size of this gun. how did the victim see that in the darkness? >> reporter: in closing, de la rionda even elicited a reaction

from george zimmerman. >> unfortunately the only photographs left of trayvon martin are those photographs, they have other football from the younger days but they can't take any more photos and that's true because of the actions of one person, the man before you. the man who is guilty of second-degree murder. >> reporter: before closing arguments even began -- >> just when i thought this case couldn't get any more bizarre, the state is seeking third-degree murder based on child abuse? >> reporter: defense attorney don west didn't mince words during the hearing on the state's request to include a lesser charge of third-degree felony murder as one of the options for jurors to consider. west called the state's strategy a trick. >> this is outrageous. it's outrageous that the state would seek to do this at this

time. >> reporter: in the end, judge debra nelson ruled against that option, but will allow jurors to consider manslaughter as a possible alternative to second-degree murder. so we saw prosecutors the other day go point by point with a slide show, powerpoint slide show also using those videos of george zimmerman making statements. we expect that defense attorney mark o'mara may turn to that video re-enactment, the computer re-enactment of the crime scene that was evidence that he wanted to get into the trial. remember, judge debra nelson said it couldn't be evidence for the jury to take back into the jury room but instead could be used as a demonstrative tool. that's what we expect him to do today as he makes those closing remarks. >> george the advantage for the defense will be the jury never had to hear that animated recreation questioned by the prosecution. we'll see which way it plays out and what the defense will tee up

to counter the prosecution. an all-star panel, jeffrey toobin, danny cevallos and sunny hostin. the terrifying final minute of flight 214. as an in-depth review of the cockpit and data recorder reveals the two pilots called to abort the landing and there was no problem until 50 seconds before impact. miguel marquez is joining us live with continuing coverage in san francisco international airport. talk to me about the newest details emerging in this ongoing investigation, miguel. >> reporter: good morning there, kate. we now know it was within nine seconds despite all of this, within nine seconds the reality that they were going too slow didn't sink in despite the fact that within the last minute they had done a prelanding check, and we now know the pilot had actually looked at the speed indicator. this morning, new pictures, the

remnants of a charred flight 214 after it slammed into the seawall. the debris, giant rocks, pieces of the tail section and the landing gear littering the runway and now we have the fullest picture yet of the flight's final moments. around 50 seconds out the first officer sitting in the jump seat comments about the sink rate, that's the speed at which the plane is descending. at about 35 seconds out and 500 feet up the pilot told investigators he saw a bright light and in response looked at the controls in the cockpit, including the speed indicator. >> at about 500 feet the air speed was approximately 134 knots. >> reporter: the 350-ton plane was already below the 137-knot speed to which the pilot believed he had set the auto throttle and for the first time we are hearing nine seconds before impact 100 feet above the ground one of the pilots expressed concern about the aircraft's speed.

>> and almost immediately after that is the first comment regarding speed since we started sharing information on starting at 500 feet. >> reporter: and we are now learning there were two call-outs for a go around seconds before this. >> oh, my god. oh, it's an accident! >> you're filming it, too. >> oh my god! >> reporter: a plane crash so significant ntsb says it will put everything it can into finding out what caused this crash. now, ntsb typically says it takes about 18 months to finish these investigations. it wants to get that under 12 months, it finds this one so concerning and also reserves the right to issue recommendations if it finds it needs to along the way during this investigation. kate back to you. >> miguel, some of the attention is obviously on asiana airlines it sel itself. talk about asiana's reputation

prior to the crash. >> reporter: despite it's a foreign carrier the faa keeps tabs on it. they've watched this airline over the last 18 months. they have a team that looks at each and every airline, that team reported back to ntsb they call it a quiet airline with no significant concerns for it. so it looks to be in good order where airlines are concerned, kate. >> and why there are so many questions of what happened this time and we know it will be a long investigation to find that question -- to find that answer. miguel great to see you, thank you so much, in san francisco this morning. this morning we are watching gas prices for you with oil hovering just under $105 a barrel experts predict gas prices will spike within days. christine romans is here to explain all of this for us. this is an important story for every household. let's start with oil prices, why are they going up? >> couple of reasons, unrest in egypt, and unrest tends to cause

concern about the suez canal br some where some of the oil comes through. and reduced oil inventory and less supply out of libya. >> a lot happening overseas. how do high oil prices compute to price at the pump? >> this is what we're paying now $3.55, that's the average across the country. we're lower than we were a months ago. you put together a 10 to 20 cent increase, some say 30 cents and each penny increase how it feels to you each penny increase is $4 million a day that is out of your pocket in this country so that's like a tax on consumers, quite frankly, less money to spend. >> everyone is going to wonder yes prices go up in the summer

traditionally but is this a long-term trend or a spike? >> you could see it tends to spike in the summers so maybe we hope maybe that in september it will go down. lot of people watching this level right before the financial crisis you had the record highs in gas prices. look at what happened, nothing helped gas prices more than a global recession. we don't want that. no question. but you can see the peaks tend to happen in the summers, hopefully that means prices go down in the fall. >> you see a slow trend upward. this is so important because this affects every family. >> absolutely. >> not everyone flies, maybe not everyone's buying a home but everyone's driving. >> gas prices it is your personal economic indicator, every week you fill up the tank so you feel that more than any other single thing other than a job you feel gas prices. >> we're watching this and following this trend. $3.55 christine says is the average price. >> another 20 cents. >> hopefully not 30. thanks so much. chris? a lot of news developing at

this hour, let's get to michaela with the latest. >> speaking about something a lot of people care about, what we put in our kids' tummies. breaking news overnight the fda proposing a new limit of arsenic in apple juice, this comes after more than a year of pressure from consumer groups about the cancer causing agent and how it affects children's health. we'll have more in our next hour, dr. sanjay gupta will join us. more bodies have been recovered in the runaway train disaster in canada, that number now up to 24. the railway chairman says he will not go back to lac-magantic until he is welcome. he did not expect the seething anger he received wednesday. in an exclusive interview with cnn he said he genuinely cared and tried to get peel to listen. >> i talkhey talked about i havo empathy or sympathy and i would

have plenty in that situation and i'd be grieving and very unhappy, i'd be very mad about the whole thing. >> 26 others remain missing and are presumed dead, likely incinerated in that inferno. deadly flooding in southwestern china reportedly killed at least 31 people, most of the dead trapped in a landslide the size of a small town in sichuan province. rescuers digging through 53 fubic feet of dirt. less rain is in the forecast which should make the search easier. edward snowden suggesting the u.s. is on a witch hunt in a facebook post. he says the government is denying him the right to seek asylum. snowden is expected to speak about that in a meeting with human rights advocates in three hours' time. it will take place at the moscow airport. "the washington post" is reporting there are new concerns snowden may have stolen sensitive files that detail u.s.

spying against chinese leaders. a stunning admission from the mayor of san diego as he faces a swirling sexual harassment scandal. bob filner says he needs help. >> as someone fighting for equality i am embarrassed that i have failed to fully respect the women who work for and with me and at times i may have intimidated them. >> several long time supporters suggest he step down. the women he accused of harassing might press charges if he does not resign. a south florida woman thought she had a secret enemy, was vandalizing her suv. turns out it was a squirrel with an appetite for destruction. nora zeigler saw the chunk of her wheel well missing. they've now nicknamed him

munchy. critter removal service suggests munchy was trying to burrow for rest. metal not good on the chompers. >> maybe it's like an iron thing, he needs some fiber. >> in his squirrel diet? >> i don't know. i tried, i don't know. >> i like it. >> i'm a car guy. i'm not happy about it. >> i noticed you were sitting there seething. >> we know what chris would do if he found a squirrel munching on his car. let's go from our little friend the squirrel to the real problems, flooding, mudslides across the entire country, communities are cleaning up with some wild weather. this morning we're hearing from a man who survived getting swept away from a colorado mudslide from inside his car, had the presence of mind to shoot it so he could report what happened to him. meteorologist chad everett myers joins us with the latest. >> what's with the formal, not

chad myers? >> making chad everett myers really happy. i loved the pictures of that driver going down the mudslide trying to drive when he had no control over the car. people just this weekend are going to try to pick up the pieces. >> oh my god. >> this morning, we're in the driver's seat during a raging mudslide trapped in mother nature's grasp. watch as cars are swept off the road floating down the highway caught in the swift manatu springs mudslide. >> oh my god i just got turned around by a whole flash mud. i can't even see out my windows now. i don't know what the [ muted ] is happening. >> reporter: stuck on the mountainside for four hours. josh had to crawl out of his driver's side window to think.

>> didn't have time to think. the water hit my car, started floating and i was desperately trying to steer. >> reporter: from the north to the south the story is flooding. pittsburgh is recovering from an entire water logged city. >> going through the jungle. >> reporter: residents boat a mime to get to their homes floating above nearly 13 feet of floodwaters. >> it came up so fast i didn't have time to do anything. one day i had land around the house and the next day i was just in the water. >> reporter: and while the east is soaking, the west hoping for rain as wildfires rage, the carpenter one fire singeing nearly 30,000 acres after lightning ignited the games that brightened the sky to the famous las vegas strip. firefighters hoping for some rain. 10% chance is what they don't

want, yesterday the wind was 30 miles per hour fanning those flames. some rainfall into d.c. and flash flood running toward annapolis, some heavy rainfall overnight. that rain sneekds into philadelphia and new york city later on this weekend. 80 tomorrow in new york city and 87 on sunday. the big story for the rest of this week and into tomorrow, the next week we're going to be back up into the middle 90s again up here in new york city, boston, philadelphia, back into that heat wave we had earlier this week. lot of people don't like the heat. i was one of them. 101-degree heat index in new york city, exercising not a good time to do that. only in the morning. >> enjoy this little break we'll see now because it's all coming back. >> three days. >> it's a nice break we'll take it. when we come back, a bitter battle pitting one of the

biggest corporate machines, walmart against the biggest political machine, washington, d.c.. why the retail giant is now killing plans to build three job creating stores in our nation's capital. and also coming up you'll meet a 5-year-old girl, take a look at her, so cute, who knew exactly what to do when her mom started choking on a tortilla chip. you'll have to hear the 911 call. you wait all year for sum. ♪ this summer was definitely worth the wait. ♪ summer's best event from cadillac. let summer try and pass you by. lease this cadillac srx for around $369 per month or purchase for 0% apr for 60 months. come in now for the best offers of the model year. vietnam in 1972. [ all ] fort benning, georgia in 1999.

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welcome back to "new day" everyone. bitter fight pitting walmart against washington, d.c.. despite an ultimatum from the big box retailer the city voted for a substantial raise in the minimum wage for large retail store workers. walmart says they're scrapping plans to build new stores there. john berman joins us with more on the story. this might be tough because you've got the minimum wage but also might have a lot of potential jobs gained now lost. >> one way or the other it is always a big deal when walmart comes to town. it can be a big boost to jobs but can also lead to big fights over wages. what's fair? what's good business and who gets hurt here. this is why the entire nation is now watching washington, d.c.. it's an epic showdown in the

nation's capital. >> it's a stickup without a gun. >> reporter: walmart versus the city of d.c.. >> and how dare the city dictate to a business what their business model ought to be? >> reporter: a giant private business versus city officials who say they want to ensure higher wages for workers. at stake? thousands of jobs, and a possible national precedent. >> let them go to hell back in arkansas! >> reporter: the battle, walmart is killing plans to build three stores in washington, d.c., after lawmakers passed the living wage bill despite an ultimatum from the world's largest retailer it forces big box retailers to raise workers' wages to $12.50 an hour, a full 50% more than the city's current minimum wage. >> all of these jobs they could have had and now just because of a pay raise there's not going to be a job at all. >> reporter: a walmart

spokesperson tells cnn "this was a difficult decision for us but the council has forced our hand," adding "our wages and benefits meet or exceed those offered by most of our competitors." in on op-ed in "the washington post" the giant said making walmart pay more than smaller businesses would create an uneven playing field. walmart told cnn it will review what to do about three more stores already under construction in the city, all of this depends the three stores under construction and the three stores proposed on what the mayor does. he has i guess ten more days to make his decision on whether to veto this bill. >> i'm wondering if there is an area of compromise on this or if this is an ultimatum as walmart laid out. i'm wondering if there's a way for everyone to try to win in the end but i don't know if there is one. >> the council would have to vote again on a different measure if they were vetoed to come up with a middle ground. right now walmart is digging in and so is the city council.

>> evidence of true compromise is when everybody feels they didn't get what they wanted. this situation will probably come down to that because they really need the job there. thank you very much. coming up on "new day" the george zimmerman murder trial just hours from going to the jury. florida police are expecting the best but preparing for the worst. we'll tell you what they're doing down there. and of all the people you might think get text messages from the president, is jay d on th jay-z on that list? he may be. we'll tell you and why. [ male announcer ] the wind's constant force should have disrupted man. instead, man raised a sail. and made "farther" his battle cry. the new ram 1500 -- motor trend's 2013 truck of the year -- the most fuel-efficient half-ton truck on the road --

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♪ everybody's working for the weekend ♪ so true, so true. welcome back to "new day," everybody, it's friday, july 12th. i'm christine romans. >> hi there everybody, i'm kate

bolduan, here with news anchor michaela pereira. coming up a "new day" exclusive. we'll hear from the texas teenager who went to jail over his posting on facebook about a school shooting. justin carter is his name and he's free on bail and he'll join us live to talk about his legal challenge that is not over yet. >> four months in jail. can't believe it. we got a great creation for you today, no gas needed for this helicopter, just two feet. how does it work? that man is flying. >> that's awesome. i'm stunned to silence. a lot of news this morning as well, let's get over to michaela. >> i like that. in the news it's the defense's turn today in the george zimmerman murder trial they get a chance to present their closing argument followed by the prosecution's rebuttal. the case is expected to go to the jury this afternoon. during the state's closing arguments prosecutors tried to convince the jurors zimmerman

was a lying wannabe cop who profiled trayvon martin as a criminal. the ntsb said there were two calls to abort the landing seconds before the plane crash landed that coming from a thorough review of the cockpit voice recorder, the second happened 1.5 seconds before impact. the ntsb says it will probably take a year before they formally determine what caused that crash. outrage in newtown, connecticut, nearly seven months after the sandy hook elementary disaster not a single penny has distributed from the $7.7 million family fund. victims were assured final payments will be made by mid-august with 26 families each expected to receive just under $300,000. a 9-year-old, a 9-year-old boy from oak park, michigan, under arrest for breaking into a

bank. police say this little boy rode his bike to the bank early friday morning and used the bike to smash through the front door. he was spotted by the bank security company. the boy managed to gather up some rolled coins and bills from a teller's drawer before officers arrived. paula deen has fired her legal time and hired a new one that will represent the celebrity chef in a discrimination lawsuit. the woman claims she was sexu sexually harassed and calls the work environment racist. more than a dozen networks cut ties with deen after she admitted using racial slurs. a 5-year-old new jersey girl knows exactly what to do when mom started choking on a tortilla chip. chloe dialed 911. this is interesting she thought the dispatcher that answered the phone was her dad. listen to this. >> daddy? >> hello? >> daddy, mommy's choking.

>> she's choking? >> yes, she can't talk right now. >> okay, she can't talk? >> no. >> okay, can you open the front door and i'll get help over to you? >> okay. >> all right, open the front door, i'll be right there. >> love you, bye. >> luckily keri olson stopped choking before first responders responded to her house. they didn't mind coming out to the home. they were proud of little chloe for doing the right thing and dialing 911 and staying calm. it was so adorable she thought that was papa on the other end. >> she's a star. >> that was the cutest 911 call in my entire life. >> greatest presence of mind with the operator go with it and get it done. good job. >> thank you so much. it's time for our political gut check, all the stories you need to know coming straight out of washington. vicious words come out of washington quite a bit but these are pretty vicious on the senate

floor thursday. senator republican leader mitch mcconnell blasting the democratic leader harry reid for preparing to move forward what is now called the nuclear option to change the senate rules. john king must be here to break it down. any time i hear nuclear option i know i have to talk to you. in covering congress i know that when they often fight about procedure often when they don't think they're getting their way, but this was pretty vicious in what mitch mcconnell was saying towards harry reid. let's show folks what he said and then we'll talk about it. listen to this. >> this is really a sad, sad day for the united states senate and if we don't pull back from the brink here, my friend, the majority leader, is going to be remembered as the worst leader of the senate ever. >> reporte >> the worst leader of the senate ever this is over harry reid threatening to change the rules and limiting filibusters as it relates to presidential

nominees. presidential nominees, what's going on? >> let's first put "my friend" in quotation marks. these two have been at this for six or seven years as the leaders party of the senate. the senate is the graveyard for a lot of things in washington. to understand the senate you need to go back to the fifth grade but the fifth grade would rightly so sue me for slander. this is an incredibly, the republican level has taken this, both parties used their minority power in the senate to block nominees, to block hearings, to block a nominee for a job over something that has nothing to do with that job because they want answers about some other question or mad about something else. mitch mcconnell and his republican authority have taken it to a new level. do you change the rules of the senate back to the founding

fathers designed to give the minority extra power so the big states don't abuse the little states so urban interests don't roll over rural interests. that's a big debate washington is having. is it a debate washington should have? maybe, times and technology has changed but is this the cast of characters you want to have it? >> the rules are there to stand the test of time and to stand in the face of the changing political winds. when i was reading up on everything that was going on here some people are wondering is this the beginning of the end of the filibuster? >> it could well be and that filibuster is designed to give the minority extra power so that the big money interests can't buy their interest in washington, the little guy can stand up to the big guy. have both parties abused it in recent years, yes. there's no question. do they use it more for political purposes than principal in recent years. the debate is front and center in washington. most of the country doesn't pay

any attention. maybe they should because it's important if you change the rules of the senate it was set up for a reason the question is do the american people trust this congress, these guys to have that conversation? i think not. >> it's not sexy but it is important with how laws are made and how it impacts the people who vote these guys into power. >> john, congress, we've been harping on this, college loans, they campaigned on it, said it was their priority, then they forgot that, let the rates double. now they say they'll try to compromise. where are we? >> right now we're in limbo land. i'm a pessimist often on these things in washington. it's not bad we got to limbo land because we were in political land. the senate had the vote for a temporary action and now we have to negotiate. so there's a new proposal being shaped in the senate. if the senate can pass that they need negotiate with the house. both sides insist there's an

urgency to get this done and this is this friday. let's have this conversation next friday and see if they can work it out. they've gotten over the political hump so we'll talk about it. >> jay-z telling a radio station he "of course" gets text messages from the president. does that mean you're getting text messages from the president, too? that's quite a good access. >> let me text beyonce to get the truth from this one. if he is texting the president he's not supposed to talk about it, that's rule number one of such. you can now guarantee that jay carney will get asked about it the next time the president meets with reporters even if there's some pressing world issue, he's probably going to get asked about it, too. >> john king great to see you. have a great weekend. >> should ask jay-z will student loans, kick in some money, figure out how to finance it. he could be a sports agent, he can figure this out. >> he can add one more job to his title.

35 minutes past the hour. we'll take a quick break and when we come back it's time for the jury to begin deliberations in the central florida trial. how social media are preparing for what may happen after the verdict. a teenager out on bail after allegedly joking about a school shooting on facebook. he and his parents are going to be joining us live. lots of questions. ring ] [ dog barks ] i want to treat more dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪

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welcome back to "new day," everybody. once the defense makes its last stand a judge will instruct the jury on what the law is and then this group of six women will

decide george zimmerman's fate. big concern is how people will react to the verdict. while police are expecting and hoping for the best from the community, they are also preparing for the worst. cnn's alina machado is live in sanford, florida. >> reporter: good morning, chris. this case deals with issues of race and guns, controversial issues that have created lots of tension and that's why police aren't taking any chances. as the george zimmerman trial draws to a close, authorities are on alert. >> we'll be prepared to deal with issues as they arise. >> reporter: sanford florida, police chief cecil smith says he's been in contact with state and federal law enforcement. details of their plans are not being disclosed. do you get a sense of what it's going to be like here once there's a verdict? >> if you look around the streets right now you see people riding bikes and it's peaceful. this is what it's been for the past 12 months.

>> reporter: and that's how they want it to stay but some are using social media to call for violent protests if zimmerman is acquitted. >> there's a great deal of chatter that's out there, that the interesting part is that with social media now you can be anywhere and do anything and believe that people aren't watching or tracking what you're doing. >> reporter: authorities are taking notice and community leaders are speaking out. the president of the seminole county naacp says no protests are planned. he released a statement saying "remain calm and peaceful because we definitely are advocating nonviolence throughout the united states, not just here in sanford. whatever the outcome is, accept the verdict." on a national level, african-american leaders also are calling for peace. >> whatever the outcome, there should be no gloating, and there should be no violence. >> reporter: back in florida, sanford's top cop is eager to see the end of a trial he's been closely following. do you think it's been fair? >> you know it's a judicial

system. we hope there's always going to be a fair trial. >> reporter: again, the police chief here in sanford says he is expecting and hoping that things here will remain calm. we did ask the department if there are any areas designated for protesters in the city and they told us that there are no areas designated for protesters. chris? >> alina, very beautiful community. hopefully it stays peaceful. appreciate the report this morning. kate, over to you. let's go around the world. nsa leaker edward snowden scheduled to meet with human rights leaders, it will take place in moscow where phil black is. >> after almost three weeks edward snowden has called a meeting inviting representatives of russian-based human rights organizations to meet him at the airport late friday afternoon moscow time. he wrote them a letter strongly criticizing what he says is an unlawful campaign by the u.s.

government to deny him the right to seek and enjoy asylum. it seems to be a frustration of his predicament he's been offered asylum by three separate latin american countries but because of the apparent determination of the united states and its allies he currently has no viable option or plan for traveling to that region without the risk of interception. back to you. >> thanks so much, phil. we go to seoul, south korea, crew members from asiana airlines flight 214 are now back with their families. >> it was an emotional homecoming for six flight attendants from asiana flight 214. they were met by the chairman of the asiana group who promised the company would look after everyone involved in the accident. there were a total of 12 flight attendants on board the flight, some of them suffered injuries. despite this they helped evacuate 300 people while local media is praising them as heroes, they shy away from the words saying they were just

doing their job. back to you, kate. >> ian thanks so much for that. google is using its street mapping technology to map out one of the most breathtaking places on earth. japan's mt. fuji. diana magnay went on that ride. >> reporter: google is on a mission to produce a digital map of the world, part of it is that street view technology which provides a 360 degree panoramic view. we've joined a street view trekking team to the top of mt. fuji to find out how that technology works and what it means for you. bit of insight if you plan on making this trek or what you're missing out on if you don't. >> diana, thanks so much. that's a fun ride to go along on, beautiful. we have an interesting must see moment coming up on "new day." what have we got? you're looking at him, the pothole robin hood. why was my pause?

>> it was dramatic. >> one the one guy the guy is stealing asphalt from the city but using it to fill in potholes municipal workers haven't gotten to. and your must see moment coming up, 500 years ago leonardo da vinci developed a self-powered flight. his dream coming true. he actually flies. must see moment coming up next. [ male announcer ] fight pepperoni heartburn and pepperoni breath fast with tums freshers. concentrated relief that goes to work in seconds and freshens breath. tums freshers. ♪ tum...tum...tum...tum... tums! ♪ fast heartburn relief and minty fresh breath. [ slap! ] [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium-rich tums starts working so fast you'll forget you had heartburn. ♪ tum tum tum tum tums

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he's got to, the torque is spinning him. >> did he draw straws to figure who got to go or who had to go?

stuff like this makes me kind of bananas. today's must see moment, a human powered helicopter. it is really cool. the crazy looking contraption was created by a group from the university of toronto. >> here we go again, canada in the house. >> canada, canada, canada. >> the whole thing is powered by a guy on a bike.n feet above th just over a minute. it was part of a contest created by the american helicopter society back in 1980. nobody has been able to pull it off until now. >> very cool. >> their prize not too shabby, a quarter of a million dollars, it's being called one of the great aviation feats of the past century. da vinci imagined this so long ago and now it's being

accomplished. >> a cyclist who takes any spin classes, that's the next one. >> what a genius. also makes you appreciate da vinci hundreds of years ago thinking up the helicopter, the tank. and michaela is from canada and all i'm saying is canada has been all over the news ever since she came. >> michaela. >> our influences are felt in different ways, chris. >> you have to change it to first in flight. i know somebody who owns that now as their motto. >> not going that far. >> well, well. >> good stuff. come up on "new day," closing arguments ahead for the defense in the george zimmerman murder trial. what can we expect? we'll take you to sanford, florida. we're going to give you a preview. and a texas teenager who got into big trouble over a posting on facebook is now free on bail. we'll hear from justin carter and his family. they'll join us live.

but we still swim. every second, somewhere in the world, lightning strikes... but we still play in the rain. poisonous snakes can be found in 49 of the 50 states, but we still go looking for adventure. a car can crash... a house can crumble... but we still drive... and love coming home. because i think deep down we know... all the bad things that can happen in life... they can't stop us from making our lives... good. ♪ ♪

justin bieber got into a lot of trouble because he got caught in a video saying f bill clinton and he called to apologize. no word on when bieber plans to call everyone who has heard his music. >> we were able to get our hands on the recording of the conversation. let's check that out. >> hey, i'm actually just calling to say i'm sorry for saying f bill clinton and sprayed some bill clids. >> i'm a wild kid, come on, i'm serious i want to hang with you guys. i'll bring my own --

>> that's so wrong, many types of wrong. >> jimmy wins and i bet you he was doing both voices. jimmy fallon great personality. >> wild kidz, spelled with a z. >> he wants to be a wild kid. >> we need andy scholes with us especially today because we were talking about derek jeter coming back, getting over his injuries and then what happened? >> then a scary situation for the yankees. he's finally healthy to come back yesterday but after just one game he may be heading back on the shelf. jeter received a standing ovation in his first at-bat of the season and in typical jeter fashion he would lay out an infield singer. after driving in a run in the sixth inning he had to leave the game with tightness in his quad, the injury everyone is talking about. after the game jeter said he didn't think it was a big deal but he was scheduled to have an mri just to make sure. rather shocking news,

dodgers rookie sensation yasiel puig did not win for the last spot on the all-star roster. he ka imin second base to atlanta braves first baseman setting a record of more than 19 million votes. here's something you don't see often, 30-year-old ilya development chuck announced he is retiring from the nhl, leaving behind $77 million. development chuck signed a 15-year deal worth $100 million in 2010 with the new jersey devils and had 12 years left on the deal but he'd rather live and play hockey near his home in russia. there's something to be said for being homesick but if you paid me $77 million i would play wherever you told me to. >> we will remember that and to retire at 30 years old is nice. >> andy scholes can't play hockey. look how perfect his teeth are, the best smile in the business.

>> you'd still look good without a front tooth. andy thanks so much. you hear the music you know what it means. it's time for the rock block, quick roundup of the stories you'll be talking about today. >> first up from the "san francisco gate" after a video of park rangers frying eggs in death valley went viral. visitors are doing and they're asking folks to stop because they're leaving a mess. attorney general kat lin cains will not defend a lawsuit to overturn the ban on same-sex marriage. and from "usa today" this is so cool a new blue planet, the hubble telescope spotted it about 372 trillion miles away. it comes from glass particles in the planet's atmosphere. how cool is that? christine romans has all the business news. >> michaela i got cool for you. can you say record both the s&p 500 and the dow closed at record highs thursday, the dow's 24th record close of 2013.

it is up 18% this year, the s&p up 17.5%. the 15-year rate hit 53.53 and the 30 year 4.51%. the federal government is in the money again for a few weeks it was. in june the treasury reported $117 billion surplus rare thanks to more revenue and less spending. for the weather we have chat myers. >> hello christine. little bit of rain in d.c. overnight has slowed down the commute there for sure. airport delays atlanta, new york city, philadelphia, charlotte and d.c. today, heavy rain event across the southeast for this weekend, sunny and nice across the northeast but a lot of rain coming in, even more flooding rain from d.c. southward through the weekend, expect that. it's the top of the hour and i know where we're going now. >> thank you so much, chad. it is the top of the hour which means it's time for the top means it's time for the top news. -- captions by vitac -- www.vitac.com

>> why does this defendant get out of the car? why? because he's got a gun. he's got the equalizer. >> decision time, within hours the fate of george zimmerman will be in the hands of six jurors. the defense makes its final arguments this morning. we'll tell you what to listen for. "new day" exclusive, the teenager jailed for nearly four months after making a joke about violence online is joining us this morning. he's now out on bail but could end up back behind bars for years. breaking this morning, the fda reportedly set to impose guidelines and how much arsenic should be allowed in apple juice. we'll break it down. your "new day" starts right now. >> wh >> during the approach there were statements made in the cockpit about being below the guidelines. >> announcer: what you have to see. >> look at those sharks.

oh my god too many of those. >> announcer: this is north dakota with chris cuomo, kate bolduan and michaela pereira. >> good morning and welcome back to "new day." it's friday, july 12th. i'm chris cuomo. >> good morning, everybody, i'm kate bolduan joined by news anchor michaela pereira. we're finding out about the final seconds of flight 214 what it shows two pilots did, in a live report. we have this "new day" exclusive kate's been following all along this teenager makes a bad joke on facebook, no question about that. police take it as a terrorist threat and put him in jail for four months. we'll talk about what it means and how it goes forward from here. it sounds like something our parents say turn the volume down, how we use our headphones and earbuds may be causing us more hearing loss than

previously thought. dr. sanjay gupta will join us live. >> and by the way i knew it. >> ditto. >> i knew listening to the stuff meant something, that's why my having no taste in music has an advantage. let's get to the george zimmerman trial, closing argument day for the defense. the prosecution went yesterday, focused on inconsistencies in george zimmerman's version of events poking holes in his story and blamed this on zimmerman's assumptions. today the defense's turn, they'll be starting soon this morning. let's get to cnn's george howell in sanford, florida, for the very latest. good morning, george. >> reporter: chris, good morning. there's the new lesser charge that was added, manslaughter, so it comes down to defense attorney mark o'mara for the next three hours today he will be able to try to convince this jury that george zimmerman is not guilty of second-degree murder, that he's not guilty of manslaughter, and then the prosecution will have the last word in rebuttal.

>> the attorneys will now present their final arguments. >> reporter: closing arguments the final stage in the trial against george zimmerman for the fatal shooting of 17-year-old trayvon martin. >> a teenager is dead. he is dead through no fault of his own. he is dead because another man made assumptions. >> reporter: prosecutor bernie de la rionda went into great detail pointing out inconsistencies in zimmerman's story from the national television interview he did to the video re-enactment conducted with police. the prosecution picked apart zimmerman's account of what happened. >> why is he able to yell if the defendant claims the victim was -- how he's going to talk or is he lying about that? look at the gun. look at the size of this gun. how did the victim see that in the darkness?

>> reporter: in closing, de la rionda even elicited a reaction from george zimmerman. >> unfortunately the only photographs left of trayvon martin are those photographs, and they still have other photographs. they have other football from the younger days but they can't take any more photos and that's true because of the actions of one person, the man before you. the man who is guilty of second-degree murder. >> reporter: before closing arguments even began -- >> just when i thought this case couldn't get any more bizarre, the state is seeking third-degree murder based on child abuse? >> reporter: defense attorney don west didn't mince words during the hearing on the state's request to include a lesser charge of third-degree felony murder as one of the options for jurors to consider. west called the state's strategy a trick.

>> this is outrageous. it's outrageous that the state would seek to do this at this time. >> reporter: in the end, judge debra nelson ruled against that option, but will allow jurors to consider manslaughter as a possible alternative to second-degree murder. we expect court to start up around 8:30 eastern time when we expect the prosecutors and defense team to go through a hearing, clear up a few issues before we hear from the closing arguments of the defense team. again, mark o'mara could have three hours to do that. then the prosecution will have one hour for its rebuttal and then this case is turned over to the jury, chris. >> george, that's right. the advantage to the prosecution is they go first and they finish last. the defense gets to hear what they're saying, figure out how to respond. the pretrial conference will be about the instructions, so important. we're going to tell you why with an insider look at how this zimmerman trial may end. our dream team legal panel, jeff

toobin, danny cevallos and legal analyst sunny hostin here to break it down for you. a big story we've been watching all week is the weather. people have been through the ringer, raging wildfires, floods, mudslides, just one thing to another from coast to coast. chad myers is taking a look at this wild week in weather. >> yesterday we showed you cars getting washed away. today we are inside that car with the video. >> oh my god. >> reporter: this morning, we're in the driver's seat during a raging mudslide trapped in mother nature's grasp. watch as cars are swept off the road floating down the highway caught in the swift manatu springs mudslide. >> oh my god! i just got turned around by a whole flash of mud. i can't even see out my windows now. i don't know what the [ muted ] is happening. >> reporter: stuck on the mountainside for four hours.

josh shroyer had to crawl out of his driver's side window to escape. >> didn't have time to think. i just held on for dear life practically. the water hit. my car just started floating and i was desperately trying to steer. >> reporter: from the north to the south the story is flooding. pittsburgh is recovering from a flash flood that has left the entire city water-logged. >> going through the jungle. >> reporter: while residents near myrtle beach adjust to their new normal, boating nearly a mile to get to their homes floating above nearly 13 feet of floodwaters. >> it came up so fast i didn't have time to do anything. one day i had land around the house and the next day i was just in the water. >> reporter: and while the east is soaking, the west hoping for rain as wildfires rage, the carpenter one fire singeing nearly 30,000 acres after lightning ignited the games that brightened of the sky ominously close to the famed las vegas

strip. this morning, flooding around washington, d.c., a very slow commute for you there, even annapolis having flash flood warnings at this hour, another day of random weather across the country. one more thing, guys, i don't know if you know but the sun is going to set on your highway today if you're going from the east to the west on your interstate the sun's going to be right in your eyes, a clean windshield, sunglasses and a visor will help. >> beautiful but wear your sunglasses. that's neat. thanks, chad. >> strong tip also, that's very good because i'm the guy who gets blinded. >> chad bringing his "a" game. the developments into the investigation of flight 214, we know it as the one that made the deadly crash in san francisco airport. we know the runway is going to be opened back but the thrust here is what we're learning about why it happened in the first place. miguel marquez is live at san francisco international airport with the latest. miguel, what have we learned? >> reporter: good morning there, chris. we know that that plane is going to be cut up into pieces and

stored here locally. the runway will have to be prepared. there are big gouges in it so that will take some time to do as well. all of that as we are learning pretty much minutely what happened in that cockpit in the seconds before the crash. this morning, new pictures. the remnants of a charred flight 214 after it slammed into the seawall. the debris, giant rocks, pieces of the tail section and the landing gear littering the runway. and now we have the fullest picture yet of the flight's final moments. around 50 seconds out the first officer sitting in the jump seat comments about the sink rate, that's the speed at which the plane is descending. at about 35 seconds out and 500 feet up the pilot told investigators he saw a bright light and in response looked at the controls in the cockpit, including the speed indicator. >> at about 500 feet the air speed was approximately 134

knots. >> reporter: the 350-ton plane was already below the 137-knot speed to which the pilot believed he had set the auto throttle and for the first time we are hearing nine seconds before impact 100 feet above the ground one of the pilots expressed concern about the aircraft's speed. >> and almost immediately after that is the first comment regarding speed since we started sharing information on starting at 500 feet. >> reporter: and we are now learning there were two call-outs for a go around seconds before this. >> oh, my god. oh, it's an accident! >> you're filming it, too. >> oh my god! >> reporter: a plane crash so significant ntsb says it will put everything it can into finding out what caused this crash. ntsb investigators say they want to understand what happened here because if there are any concerns mechanical or work flow or anything that happened on that plane that can warn other

pilots they want to do that. they want to finish this investigation within 12 months. that's quicker than they expected the 18 months they thought it would take to get this thing done. they also said they can make recommendations at any point along that process. back to you guys. >> all right miguel thank you very much. breaking overnight the fda is proposing new guidelines for the amount of arsenic that can be in apple juice. this is a story that definitely has gotten a lot of attention over the last year, comes after public pressure from consumer groups concerned about the effects of arsenic on children. chief medical correspondent dr. sanjay gupta is joining us now details. lot of parents are going to be paying attention to this, sanjay, because a lot of people were worried over i think it's been more than a year we've been talking about the low levels of arsenic in apple juice. what is the news we're hearing today? >> you're right a lot of people concerned. i have three small children, we paid a lot of attention to that as well. what they're saying now is

they're basically setting this limit now of ten parts per billion for inorganic arsenic. you don't need to know the number but that's the same limit in place already for bottled water and the consumer groups have been saying we should treat apple juice much in the way we treat bottled water, there's a lot of kids who are drinking lots of apple juice so let's set some limits and that's what's happening. arsenic there's two forms, organic and inorganic. inorganic is the concerning type, you're worried it can cause headaches and problems with the skin, more of the longer terms with the inorganic arsenic, potentially related to cancer if consumed in large quantities. that's what touched off a lot of this. >> do you think this has been a false alarm? some parents say any arsenic in my child's apple juice is too much. should parents be worried? >> if you look at the existing apple juice even without these particular limits. >> right.

>> if they tested them, 95% already fell below this particular safety standard of ten parts per billion so i think for the most part if you look at that safety standard for the most part you are probably okay. i think for those who say look any amount of arsenic is potentially problematic, it's important to distinguish between organic and inorganic. it's the inorganic that's potentially problematic in higher doses and this is a lower safety standard than in the past. they haven't had one for apple juice. this is an important first step. we talk about it on your show all the time kids under the age of 6 years old should only be drinking six ounces of apple juice a day anyways because of its potential relationship to obesity. kids under 6 months of age probably shouldn't be drinking this juice at all. that's probably frankly a larger concern for a lot of parents than the arsenic. >> that's the more important news probably, absolutely. dr. sanjay gupta great to see you. thank you so much for that. >> you got it. >> parents don't hear it, it

bears repeating. we think we're giving kids fruit juice and that's good for him, sugar is sugar. i've been learning it the hard way now for ten years with my kids. a lot of news let's get over to michaela. we've been talking about flooding a real problem in china. >> a real issue in western china. more than 200,000 people have been evacuated following the worst flooding the region has seen in half a century. severe rain triggered a mudslide in sichuan province. more than 160 people are missing and more than 5,000 homes have been destroyed. we'll keep an eye on that for you.. more bodies have been recovered in the runaway train disaster in canada bringing the death toll to 24. 26 other people are missing and presumed dead, likely incinerated in that inferno, in an exclusive cnn interview the railway chief said he traveled to lac-magantic to listen and explain. he didn't expect the intense

anger and heckling he received wednesday and that he won't go back until he is welcomed. former penn state president graham spaniard launching a lawsuit against louis freeh on how they handled the child sex abuse scandal. spaniard was charged with perjury, obstruction of justice and a danger to children. a judge is going to judge whether his long time assistant was able to fire his assistant for being too hot. justices withdrew their decision last week and announced they're reviewing the case again. knight fired melissa nelson in 2010 after ten years of service claiming she was too irresistible to work with and a threat to his marriage. what do you get when you

combine a dangerous twister and deadly sharks? you get the imaginary cuomo because you thought it was real. sci-fi movie "sharknado" which was apparently so bad it was good. twitter blew up last night, people commenting about this made for tv movie which featured a tornado dropping sharks all over the place. apparently the red cross of oklahoma also used this as an opportunity to warn people about real tornadoes, minus the man eating sharks. >> now look, this is a low moment for me and i was feeling good, i got a blue pocket square on felt today was going to be great. when i saw the shark first i went whoa, was that real? it stings. i've been duped by the "shark week" commercial where they have the seal hanging and the shark eats it. i've been in real tornadoes, i've never seen a shark. >> if there had been how would

you prepare? >> keep the defense wide. >> i want to know if he's prepared. >> that will be our segment for tomorrow. >> sharks have nothing on me. i'll take a shark on the land any day. >> i'm going to move on. is that okay? >> yes, please. coming up the 19-year-old arrested for a facebook posting is now out on bail. he says it was a joke. prosecutors are calling it a terroristic threat. we're going to talk to justin carter and his parents coming up next. beginning at about 8:30 the george zimmerman trial its final phase we're going to take you through what could happen with the defense. in front of me i am holding the judge's instructions to the jury. they will be important. i'm not just using them to covered my shamed face about the shark thing. we'll take you through what the judge is going to do when they instruct the jury. this could be a big decision for the lawyers in the case. ...and a great deal. thanks to dad.

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welcome back to "new day" everyone. major development in a story we've been following closely. 19-year-old texas boy jailed for something he wrote on facebook. he's finally out on bail this morning. justin carter was arrested in february for a post about shooting up a school. he says it was just a joke. prosecutors call it a terroristic threat. we'll talk to justin and his parents exclusively in just a moment. but first here's a look at his story. after nearly four months behind bars, justin carter is out of jail. his bail was set at $500,000 and the carter family couldn't afford it but an anonymous donor

could, posting the bail and getting justin released this week. >> it's very hard to hear your child hopeless. >> reporter: the 19-year-old is charged with making a terroristic threat, a felony, after comments he made online. his parents call it a misunderstanding. >> i just want my kid back. he's my best friend. and i miss him so much. >> reporter: carter's troubles began after playing an online video game. in a post game conversation on facebook, another player called him "f'd up in the head." justin then wrote the following "i'm f'd in the head all right i think i'm shoot up the kindergarten and watch the blood of innocent rain down on and eat the beating heart of one of them." justin is now home instead of being in solitary confinement

but faces a long legal battle ahead and up to ten years in jail. justin's parents have said that justin followed up with those comments with these comments "lol, jk" meaning just kidding. we've reached out to the district attorney on the case who could not comment because it is a pending case. they're not going to comment until the case has concluded. joining me exclusively are justin and his parents along with their attorneys donald flannery and chad van brunt. thank you for getting up so early to talk to me. justin it's great to see you out of jail, number one. you just got out yesterday, i wanted to ask you how are you doing? >> i'm really happy, i'm doing really good right now. >> i know that you must be careful because you're still in the middle of legal action and you want to be careful not to cause any problems for your case but we have to ask you, did you, were you intending at any point to make any actual threat? >> kate, i'll have to answer that for him right now.

clearly the intent is obvious from the context of the statement and as we've said from the start, any clear reading and full reading of the context of that statement would make it obvious that this was just a sarcastic joke. as things developed through the trial or if we get to trial, anything like that, it's just going to be abundantly clear if it's not already. >> chad -- justin i did see you shaking your head when we were airing that piece when you heard me read that comment that was posted online. when you hear even me read that comment you say it was a joke what do you think now? >> i just think that it got taken out of context and it's been blown out of proportion. >> did you ever think a comment like that would land you in jail? >> no. i did not. >> so now what do you think today, after what you've been through and been behind bars for some four months, now standing with your family but still facing a very uncertain future, what are you thinking today?

>> well, right now i'm just taking it one step at a time. it's been so much to take in all at once after being deprived of so much, you know, and i'm just really elated now i'm out to enjoy everything. >> i've spoken to both your mother and your father before you got out and both of them told me in various ways it was an inappropriate joke, it was sarcastic. did you not intend any harm at all and it was a misunderstanding. you know people at home are going to be wondering why did you say it? >> there's a response obviously to a comment between two people that he was, somebody called him crazy, and in the context, it's a response, yes, i'm so crazy, and he got elaborate about it and a little bit distasteful maybe but it's just obviously a sarcastic response to being called crazy.

>> jennifer, jack, you've both been very emotional when we've spoken to you about the fact of what your son and family is going through. jennifer what is it like to have him home, at least for now? >> well, for now i'm over the moon happy. it's been hard sleeping. i just want to spend all my time talking to him and looking at him and there's been a lot of hugs going around and crying but happy tears and we're just so, so very happy that he's just outside and we don't have to worry anymore about him being hurt or not knowing what's going on with him anymore and for any parent, that's just such a relief. >> and jack, when you and i spoke, justin was in jail because you guys could not afford the half million-dollar bail that was up against him. the reason he is out today is because of an anonymous donor. what was your reaction when you found out that someone was posting that for him? >> disbelief. i still kind of don't believe

it, even though he's standing here. i had to sit down. i even asked dawn if it was a joke. i was just completely taken aback. it's just such an amazing thing. >> now, mr. flannery, i want to ask you a question. obviously, what's next for the case, what's next for justin and what is he facing. a lot of people say if this is a joke the fact he was offered a plea deal, eight years in prison and the fact that he can now face up to ten years if convicted he's got a lot up against him right now. >> that's right, kate. we think that it's outrageous that someone not unlike anyone in this country online who says something that may be inappropriate but is not criminal gets charged with a crime. this is a serious felony. the things that he said were clearly sarcastic. we can tell it's sarcastic from the comments, so we'll be filing

a motion to dismiss the prosecution because it violates his fst amendment as applied to him. going forward on this case is not the right thing to do. >> we're going to be following it closely and justin just to button this up, i'm sure you will approach social media never the same way, to say the least. what would you have done differently? i know you've probably been doing a lot of soul searching over the past few months. >> well, i certainly would have thought a lot more about what i said and how permanent my writing is and everyone's writing and i just want to make it clear that people should be very, very careful what they say and it's been recorded all the time if you say it on any website anywhere and you can get in trouble for something that's not something you should get in trouble for and i just want people to be warned. >> we'll be following this case closely. lot of our viewers have been very interested in the jut come of this case and what's going on with you so we'll be in touch.

justin, jack, jennifer and both of your attorneys thank you for coming in to speak with us this morning. appreciate it. >> thanks. >> thank you. >> to say the least, chris, every family's nightmare to have something like this happen to them but again they say it's a joke, the district attorney has a very different opinion about that. >> tough lesson to learn, that's for sure. we're going to take a break and when we come back on "new day" court will be in session in the george zimmerman trial at about 8:30. we're getting you ready for what will unfold. coming up, how the defense will counter the prosecution's closing argument and what we have for you this morning are these potential instructions to the jury. we're going to show you the rules that the jury will use to make their decision. skro . plus my 10-year-old daughter is listening when i tell to you turn down your headphones i mean it because i'm right. who says so? dr. sanjay gupta. report that says loud music in your headphones can lead to hearing loss and angry parents. [ female announcer ] last day, deb.

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good morning lady liberty. and the white house. >> yes we like to say hello to both of them every morning. welcome back to all of you, most importantly welcome to "new day." it is friday, july 12th aeni'm chris cuomo. >> good morning, everybody, i'm kate bolduan here with news anchor michaela pereira. >> good morning. >> coming up this half hour headphones and hearing loss. turning up the volume on the head phones and earbuds can do permanent damage. there's a study that says you're right. dr. sanjay gupta will be here to tell us about it. plus another day, another story about that bad boy justin bieber. the singer and his merry band of bebeiberes got tossed from a chicago nightclub. the san francisco airport runway from the asiana jet airlines crashed expected to open to flight on sunday as investigators wrap up their work at the airport. an examination of the plane's

cockpit voice recorder indicates there were two calls to abort the landing seconds before the plane struck a seawall. their investigation found no mechanical or electrical problem with the boeing 777. we've seen flooding in the east, the streets filled with water in roanoke, virginia. out west the high heat continues as firefighters battle the mt. charleston fire near las vegas. in california's death valley visitors are bringing eggs in skillets so they can emulate a viral video with temperatures just that hot. in south carolina a memorial service will be held for two close knit families killed in a plane crash. hundreds gathered for a candlelight vigil. the families' small commuter plane went down killing the two couples and their five children.

a stepmom in washington state going to great lengths to try and keep her son and his pregnant girlfriend off of heroin. for the past month and a half terry held up a sign saying please stop giving my kids money for her oip. joy says she already has a grandchild born addicted and if she stops someone from giving $1, well she did something that day. a pakistani girl with a powerful message will address the united nations today, calling on leaders from around the globe to provide every child with an education. last year malala yousafzai was shot in the case by the taliban on her way to school. and finally you know that old expression, when pigs fly. apparently there's a place in the caribbean where they swim. it happens in the bahamas at a place called what else, pig island. the wheeled boar swims toward

sightseeing boats to beg for a bite to eat but i think it's the cutest video. >> this is not the first time that piglet has gotten food tossed from the boat. >> like a big to water i guess we have to say. >> they're very smart. >> very smart and adorable. that's all i got. how much can you say about a pig in a pool? >> it's adorable. >> another failure for me. >> never a failure. >> incontrovertible, completely true, in about 90 minutes the defense will give their closing statements saying that george zimmerman was defending himself when he shot and killed trayvon martin. prosecutors yesterday insisted zimmerman lied over and over again on what happened that february night. the jury is expected to get the case this afternoon. before we break down what happened in court yesterday let's take a quick listen to some of the highlights.

>> we submit that's an integral part of our theory of defense. >> i understand, i've already ruled. you continually disagree with this court every time i make a ruling. do not continue to argue with the court after we've ruled. >> a teenager is dead through no fault of his own. he is dead because another man made assumptions. because his assumptions were wrong. trayvon benjamin martin no longer walks on this earth. >> now a reminder from the prosecution about the emotion here, about the life that was lost, about how this all started so let's take a look how it breaks down. teenager is dead. okay, that's what began for the prosecutor to refocus the jury, not the dueling attorneys but the fact we need to find justice for a life taken. skittles, iced tea and a hoodie.

again you remember the pictures of a hoodie, it supposedly made trayvon martin sinister, all the dialogues and also was reminding that this is a kid, okay, by age and disposition. he was walking with candy and iced tea and that was a big point for the prosecutor to remind the jurors that this was a kid. the truth does not lie. inconsistencies, false assumptions, lies, painting george zimmerman as somebody trying to say what was convenient for him instead of telling the truth about what happened that night. false assumptions going to what was in george zimmerman's head. remember the prosecutor has to prove that he had depraved mind that he had ill will, hate toward this particular person, that's why he was doing that. top, bottom, doesn't matter. this was very important. we have been talking to you about how in the trial they've been going back and forth about who was on top during the fight because that would show advantage and go to whether george zimmerman reasonably thought his life was in danger. the prosecutor had a surprise, doesn't matter who is on top and the bottom, what matters is how did you get into the fight?

was it reasonable for george zimmerman to think he had to kill this man in order to escape. that's why he went there. very controversial. how do i know? our legal experts tell me that. we have with us danny cevallos, defense attorney extrordinaire, sunny hostin, cnn analyst, former federal prosecutor. great to have you both. the prosecution's advantage is they get to go first and last. the defense's advantage is that they get to listen to the prosecution and then counter. so danny cevallos, skittles, iced tea and a hoodie. at the end of the day, this was a kid who did not need to die. your client made false assumptions and that is why the defendant entered into there with a loaded weapon and used it. how do you counter that as the defense in your closing? >> well i don't think the defense needs to counter the prosecution's argument directly because they have good facts on

their side but i think they need to use this computer animation, it's going to be very helpful. it's certainly going to overpower the powerpoint presentation that de la rionda used. i don't think that was very compelling. it's not going to be as exciting so at least on graphics i think the edge is going to go to the defense but i don't think the defense needs to respond directly to each and every of de la rionda's arguments because they have strong facts and law on their side. they can choose to go with their own theory. >> sunny, danny is punting on that, doesn't like the skittles, iced tea and hoodie because it paints a picture he can't combat. the prosecution made the controversy top or bottom doesn't matter. lot of people made hay about that in the media, they shouldn't have done that but you tell me as a former prosecutor why was that a strategic decision for them? >> i think it was an important strategic decision because the defense all along has tried to

refocus this case away from who started the fight, who was the initial aggressor, who failed to listen to a police dispatcher, who targeted, who profiled, who chased trayvon martin, who started it all to oh my goodness, i was in fear for my life. i acted only in self-defense and so i think the prosecutor did a good job in saying it doesn't matter who was on top, who was on bottom, although there is witness testimony that says trayvon martin was on the bottom and george zimmerman was on the top and there's also some testimony that says george zimmerman was on the bottom. trayvon martin was on the top so it's a wash, ladies and gentlemen. what you need to listen to, what you need to consider is trayvon martin died for no fault of his own because this man made all of these wrongful assumptions. chris, i was in the courtroom and it was such a compelling argument especially in front of six women, five of which are mothers, when he argued this was a kid doing absolutely nothing.

it's not unlawful to wear a hoodie. it's not unlawful to go for a snack run. shouldn't you be able to get home alive, given those circumstances and so i think that the defense in closing does have to address that because every single mother on that jury is going to wonder my goodness, does that give someone a license to kill because someone's going on a snack run? i thought it was very effective. >> sunny thank you for that. danny they had a night to sleep on it also. the jury heard the prosecution, they had all night to process and today they have to get work done, so let's end on this part of the analysis. you as the defense counsel have to make it clear to the jury that where his head was going into this was a certain way, where his head was during the fight was a certain way and that's why this is all justifiable. how do you think they do that today? >> well you counter it, sunny's position is obviously the idea that can a child walk to

7-eleven safely and do nothing but that's not really the facts in this case. we know it was more than nothing. there was a fight. reasonable minds can differ on who started it, but this is not a case of just walk to store, get skittles. there was an altercation, and if trayvon martin had something to do with it, then that puts him outside the realm of just kid who walks to store for skittles. the defense has done a good job of getting a concrete narrative of what exactly what happened. certainly you can't say that george zimmerman didn't suffer some injury. they need to hammer that home. remember self-defense will be a defense to all the champlgz. they need to focus on that and then secondarily focus on the absence of ill will, evil or hatred. >> danny cevallos, sunny hostin thank you. we'll be watching at 8:30 when they'll have discussion about the jury instructions. we'll tell you more about them in a little bit and then the defense will begin its closing. at the end of the day we're not

going to say who has an up or down. it's about the jury, the strategic decisions are over. it will be solely and exclusively in the minds and hearts of the six women who have to make this decision. kate? >> thanks, chris. we'll be watching that very, very closely in the coming hours. next up on "new day" a famous murder that may finally be solved. now, 50 years later a break in the boston strangler case. (girl) what does that say?

(guy) dive shop. (girl) diving lessons. (guy) we should totally do that. (girl ) yeah, right. (guy) i wannna catch a falcon! (girl) we should do that. (guy) i caught a falcon. (guy) you could eat a bug. let's do that. (guy) you know you're eating a bug. (girl) because of the legs. (guy vo) we got a subaru to take us new places. (girl) yeah, it's a hot spring. (guy) we should do that. (guy vo) it did. (man) how's that feel? (guy) fine. (girl) we shouldn't have done that. (guy) no. (announcer) love. it's what makes a subaru, a subaru.

♪ every time i close my eyes welcome back everybody. this is "new day." christine romans is here with all the business needs you need to know. >> new day, new record. another powerful day on wall street yesterday. the s&p 500 and the dow in the record books again. this was the dow's 24th record close of 2013. the dow is now up 18% for the year. the s&p 500 is up 17.5% for the year. those are very, very good performances so far. stocks are up and so are gas prices. tension in egypt in the peak

summer driving season mean gas could go up another 10 to 20 cents experts say. aaa says the average price of a gallon of regular jumped 3.2 cents in one day, $3.55 a gallon now. this marks the fourth day in a row it's been up. you want to see one direction this summer? it's going to cost you almost $700 if you can find a ticket. why? ticket limits in the secondary markets mean the hottest concerts like one direction, rolling stones, beyonce will cost several hundred bucks. >> what? >> a single ticket close to $700 for some of the hottest, hottest names out there. >> one direction i'm going is the other way. >> i go to the gas station and then i can't afford any of those tickets. >> you guys with kids, if they nag you with love but so many parents are caving obviously. >> $600, $700? >> come on. you have to mow the lawn so many times. >> the child will have to save

my life in order to go. come on. >> it's insane ticket price. we wonder what happened to the cold cases year after year. science may have caught up with one of the nation's notorious serial killers, the boston strangler. it's been more than 50 years since he terrorized the city, killing more than 13 women. now dna tests link him to one last murder. >> reporter: almost a half century later investigators may have cracked the case. >> a suffolk superior court judge authorized the exhumation of desalvo's remains for testing we expect will prove desalvo's guilt once and for all. >> reporter: in the case of mary sullivan believed to be the boston strangler's final victim. the 19-year-old was raped and strangled. there were ten other victims between 1962 and '64,

terrorizing the boston area, grabbing international headlines and the silver screen. desalvo was sentenced to life for unrelated crimes and stabbed to death in prison. thanks to new technology, authorities say they've matched dna from one of the strangler's relatives to dna preserved 49 years ago from the crime scene and victim mary sullivan. plain clothed detectives secretly detailed the desalvo relative to get that sample. source tells cnn when he threw away a plastic water bottle at a construction site they grabbed it. >> it's a fair and legal and ethical method for collecting. >> reporter: in a statement albert desalvo's family are "outraged and offended" after offering a dna sample last year. police are praised for not giving up. >> it's amazing to me today to

understand that people really did care about what happened to my aunt. >> reporter: once desalvo's body's likely solving a 50-year-old mystery. susan candiotti, cnn, new york. >> cold case investigators say there's nothing is a really cold case. they believe eventually all of them they can get them. coming up on "new day" justin bieber reportedly tossed from another nightclub, this time in chicago. he was underage. the whole story coming up in our pop four. (girl) what does that say? (guy) dive shop. (girl) diving lessons. (guy) we should totally do that. (girl ) yeah, right. (guy) i wannna catch a falcon! (girl) we should do that. (guy) i caught a falcon. (guy) you could eat a bug. let's do that.

(guy) you know you're eating a bug. (girl) because of the legs. (guy vo) we got a subaru to take us new places. (girl) yeah, it's a hot spring. (guy) we should do that. (guy vo) it did. (man) how's that feel? (guy) fine. (girl) we shouldn't have done that. (guy) no. (announcer) love. it's what makes a subaru, a subaru. vietnam in 1972. [ all ] fort benning, georgia in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. enjoy the whole family at a homewood suites, schedule a 5 o'clock meeting at a hilton garden inn, or hit the links at a waldorf astoria. get great rates at our ten top hotel brands during the great getaway. book now at hiltongreatgetaways.com.

you know how many times i tried to get into a club. >> more noticeable when you're >> more noticeable when you're justin bieber. pening. "start a new chat." what did i do? ok. wow. that is so weird. hello! hey! hi! hi! oh, my gosh. hi. god. i don't even know what to say right now, i'm so nervous. gia, you're so big! come closer to the camera. wait. now you're in my face. gia: bye! woman: love you! alex: that was so good.

welcome back to "new day" everyone. time for pop four with nischelle turner. >> friday, we're fast and furious. number four story popping this friday. wedding bells, once again, for tina turner. according to reports she is now engaged to her partner of 27 years. german record exec. we all know this is her second marriage. the first one was to ike turner. "gone girl" getting quite the cast.

another day, another bieber blunder. number two this morning. justin bieber and his entourage kicked out of a chicago nightclub for being underage. the club was ticketed for admitting a minor and i don't know why he doesn't have a shirt on. a story that has my blood boiling. a paparazzi going way too far with suri cruise. tom and katie's daughter getting into a car and she asked them to stop and get away and one said, bye, suri, you little brat and talking about a 7-year-old here. katie holmes kept her cool, but i have to tell you, i don't know how she did. i am not a mother, but i would have gone off. >> nice little window into something that people don't often know.

they can say really nasty thing to get a rise out of the people. >> that is what they were trying to do, get a rise. coming up next on "new day" we're about an hour away. george zimmerman's defense team set to deliver their closing arguments. a lot of coverage on this coming up, we'll bring it to you live. also watching something this morning. a live news conference about edward snowden from moscow airport. snowden himself may appear. details at the top of the hour. really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. see? he's a good egg. [ major nutrition ] ensure high protein... ensure! nutrition in charge!

he's a wanna be cop. police are taking too long to respond. he's going to handle it. final plea. george zimmerman's defense making it closing arguments this hour. the prosecution has laid out its case. today, it all goes to the jury. we are covering it all this morning with live coverage and analysis as the country prepares for the verdict.

will george zimmerman be convicted or will he walk free? listen up. pop out those ear buds and turn down the volume. the music we listen to every day is causing more hearing loss than previous rawly thought. dr. sanjay gupta has the details. >> your "new day" continues right now. what you need to know -- >> there is no mention of speed until about nine seconds before impact. what you just have to see. >> i louvre these yafirefighter. i will do anything to protect them and help them. this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning, welcome back to "new day." : 8:00 in the east, i'm kate bolduan. >> i'm chris cuomo along with michaela pereira.

a news conference in moscow's airport where edward snowden is holed up. we do not know, but it may be edward snowden will appear. we're watching that. >> we're watching that very closely and bring it to you as that happens. new details about the crucial last minute of flight 214. the cockpit voice recorder reveals two pilots there didn't know there was a problem or indicate there was a problem until 50 seconds before impact. >> this was like moments before. >> can you hear me now? how about now? a lot of us are suffering from hearing loss and listening to loud music could be the cause, especially in those ear buds. dr. sanjay gupta makes a new day house call. first, let's get to the george zimmerman trial. we're just about 30 minutes away now from the defense's closing argument and then after a one-hour response from prosecutors, the jury will get this case after the judge reads

them their instructions. now, yesterday a painstaking summation by the state using zimmerman's own words against him and a big ruling from the judge to help their case. george howell covering it from the start. he's in sanford, florida. good morning. >> new charge that the judge ruled this jury can consider manslaughter. that along with second degree murder. it will be up to defense attorney mark o'mara to convince this jury that the client is not guilty and then the jury gets the final word with rebuttal. >> the attorneys will now present their final arguments. >> reporter: closing arguments. the final stage in the trial against george zimmerman for the fatal shooting of 17-year-old trayvon martin. >> a teenager is dead. he is dead through no fault of his own. he is dead because another man made assumptions.

>> reporter: prosecutor bernie derx a riondo pointing out inconsistencies from the national television video he did to the video reenactment he did with police. >> why is he able to yell and the defendant claims the victim was -- or is he lying about that? look at the gun. look at the size of this gun. how did the victim see that in the darkness? >> reporter: in closing, he even alli elicited a reaction from george zimmerman. >> unfortunately the only photographs left of trayvon martin are those m.e. photographs. they still have other photographs and you saw some of them the football in his younger days. but they can't take any more photos. and that's true because of the actions of one person. the man before you.

the defendant, george zimmerman. the man who was guilty of second degree murder. >> reporter: before closing arguments even began -- >> just when i thought this case couldn't get any more bizarre, the state is seeking third degree murder based on child abuse? >> reporter: defense attorney don west didn't mince words during the hearing on the state's request to include a lesser charge of third degree felony murder as one of the options for jurors to consider. west called the state's strategy a trick. >> this is outrageous. it's outrageous that the state would seek to do this at this time. >> reporter: in the end, judge debra nelson ruled against that option. but will allow jurors to consider manslaughter as a possible alternative to second degree murder. so, we're a little less than 30 minutes now away from the hearing that is expected to start in this courtroom. then we expect to see the defense attorney mark o'mara

start to give his closing. one thing i want to get up there between live shots to get a sense to exactly how the jury responds to what he has to say. then we expect the prosecution to give its rebuttal and that could take about an hour, chris. >> we'll look forward to see what you hear in that courtroom. let's bring in legal analyst jeffrey toobin. always a pleasure to have you. you heard the prosecution summation. what is the defense's major points they must counter today? >> the thing mark o'mara is worried about is the manslaughter charge. i think it is difficult for this jury to find second degree murder, intentional murder, murder with hate. that is going to be very tough. but the lesser included offense of manslaughter seems to fit these facts a lot better and o'mara knows, even if the jury doesn't know, george zimmerman could spend decades in prison.

a conviction for manslaughter would be a real loss in this case. >> present the theory why manslaughter would fit, it is culpable negligence in florida and recklessness in a lot of places and the argument the jury may agree with, he had a lded gun and told not to follow and did it any and ended in someone's death and that could be enough for manslaughter. >> no requirement in manslaughter that he hated trayvon martin just that he behaved in a reckless way with a firearm, which many people think and i have come around, that's how they should have charged this case in the first place. >> i was talking about the judge's instructions. happen all the time and there are no huge surprises in this. but i think it's worthy of note. as human beings we tend to focus on what is first in something we read and then we kind of fade, right? no different in most jury rooms as we know. up front in these instructions a lot about justifiable homicide.

all the things the jury needs to find george zimmerman not guilty. what do you make of that? >> that's what this whole case is about. one issue in this case, one issue. what was in george zimmerman's head. we know who shot trayvon martin. we know we shot him with which gun. the only issue in this case is intent. the question of whether he was acting in justifiable self-defense or some sort of recklessness, or intentional crime, that's the whole case. i think the judge, as she has done so often, has focused on the right thing here. >> the prosecutor did a very interesting thing yesterday. watching you with anderson last night about saying top or bottom in this fight doesn't matter and people take an exception to that. but watching him, his use of rhetorical questions, which are very effective with a jury because it puts them in the same thing, would i do the same thing frame of mind. the idea that, doesn't matter. at the end of the day, why did he think he needed to kill this

kid who bought skittals and iced tea because he didn't like he had a hoodie on. difficult thing for the defense to deal with today. >> is it or is it not? the flaw in the prosecution presentation from the beginning of this case is that it hasn't really answered the question of, what happened? show us a movie in our heads of how this murder took place. who took the first swing? who was on top? who was the aggressor? i followed this trial closely and i don't have a clear picture of that and if the jury doesn't, that seems to me a pretty good recipe for reasonable doubt. >> and then the prosecution will be banking on the jury saying, no matter what was going on, i don't think he needed to kill this kid to get out of it. >> that is what was so good about the summation yesterday. it brought us back to why we all started paying attention to this case in the first place. how can a 17-year-old boy go out to buy candy and a soda and be

dead. >> literally on page three or four of this, an excusable homicide when the killing occurs by misfortune by any sudden and sufficient provocation. now, to a juror that could fit this situation exactly. and that will be one of the cal kulgs they have to meet when they get in the room. jeffrey toobin, thank you very much for now. i'll lean on you heavily when the zimmerman trial begins in just about 30 minutes. jeff along with sunny hostin and danny cervalles. edward snowden has been hiding and a chance that snowden himself could appear and speak and clearly huge news because we have not seen him in public once since he fled to hong kong and then hong kong to russia. bill black is joining us now on

the phone from moscow with more on this. what are you learning on the ground there, phil? >> there's currently a big pack of international and russian media that have gathered here. the reason they're here is because edward snowden has invited representatives, the russian human rights groups to come to this airport to be escorted to the transit area of the airport and to meet with you. you sent out a letter of invitation in which he strongly criticized the united states. what he said an unlawful campaign to seek asylum in other countries. we're seeing human rights groups representatives already here. they're arriving and started to speak to members of the media. they started to be interviewed. a lot of them said they're coming here because they're simply curious to speak to this man to hear from this man and hear what he has to say. we're not certain we're going to see him precisely. the media was told by the

airport to gather at this location at this time. at this time, we do not know. snowden has organized this meeting and voicing some frustration and his ability to get out of his extended stay. >> you'll be watching it closely on the ground in moscow's airport for us. the big question that everyone will want to know. if we do see edward snowden appear, how is he going to get there? >> very interesting. we have two very different men both under the lights of scrutiny right now. developing situations we're following. also, a lot of other news going on. let's get to michaela. >> breaking news right now. a fire has broken out on the runway where asiana airline flight made a crash landing. crews were attempting to remove wreckage when the flames erupted. that fire is under control and we don't have an exact cause yet. ntsb investigators say the

pilots only realized they had a problem only 50 seconds before the pilots crash landed. two pilots decided to abort the landing. devastating floods taking a human toll and a financial toll on china. showing you incredible video from eastern china where one man had to be plucked. 31 bodies have been pulled from the site of a landslide over 5 million homes destroyed. a saudi princess free on $5 million bail this morning in a human trafficking case. 42-year-old is accused of confiscating a kenyan's woman passport and forcing her to work as a domestic servant for meager pay for her home in irvine, california. parents can soon feel better about buying apple juice for their children. the food and drug administration proposing new limits on arsenic in apaal juice. studies have shown the juice

often contains low levels of the cancer-causing agent. more than 95% of the apple juices on the market already fall below the strict new standard being proposed. in mississippi, a man redefining civic duty. taking asphalt from city reserves and fixing potholes around the city all by himself. for that he is being called the pothole robin hood. the legendary robinhood had his bow and arrow and men to fight against injustice by stealing from the rich to give to the poor. >> you are willing to fight for our people, i want you. are you with me? >> reporter: this modern day so-called pothole robinhood has a bucket, shovel and spray paint but robert cheney is on a crusade to right the wrong of potholes on the streets of jackson, mississippi. >> the whole idea was just to clean up potholes. >> reporter: for his crusade he

steals asphalt from mont st. asphalt and finds other asphalt around the city. >> we knew there was grass growing out of it. this came off of the roads and out of potholes at some point. let's put it back there. >> reporter: so far he has fixed 101 potholes. spraying his mark, citizen fixed. >> wanted to use that to get the information out, hey, there's citizens taking this in their own hands. maybe us as the city, maybe we need to step up and just start fixing the holes in the roads. >> mayor jackson tells our affiliate that he applauds cheney's efforts but does not accept his method saying we do not accept any use of the city's resources without going through the proper legal channels. he's seen jackson city crews behind him doing finish work on his repairs. >> few things that frustrate people more than potholes on the roads. >> i tell you, moving here.

a lot of them here. >> true. still best city in the world. coming up on "new day "the zimmerman case could be in the hands of the jury by the end of the day, certainly should be. preview what the defense will say and take you through the analysis of how will this jury decide whether or not what george zimmerman did on that night was reasonable under the circumstances. it will come down to that. don't crank up that volume on your, i don't know, favorite justin bieber song because all we do is talk about him. don't crank up that music. we'll have dr. sanjay gupta back on a troubling health trend, hearing loss. because of loud music in your headphones. details on that coming up.

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if you have to turn the volume way up to hear us this morning, you might be among the number of people with hearing loss. loud music is making us lose some hearing. dr. sanjay gupta joins us this morning with more. good morning to you, sanjay. i think we all have heard and been urged by our parents to turn down that music. tell us what is going on. what is actually happening to

cause us to lose hearing? >> i thought this was pretty striking. this is talking about fairly young people between the ages of 18 and 44. those people who aren't using headphones on a regular basis, you have a 10% rate of hearing loss. if someone is using headphones on a regular basis goes up to 25% of those people. one in four people, young people who are describing hearing loss and ringing in the ears as a result of using those headphones. we know a lot more people are using headphones and using the headphones that go inside the ears. that can be problematic and these numbers are going up. so, you know, i think that's why new york decided to highlight this. >> sanjay, we know back in the day, i'm sure you were at some white snake concerts where there was loud noise rocking out the long hair. >> how did you know? >> different when it's concentrated with the ear buds directly right in the ear channel? >> if you're listening at some of those same levels it can be. a lot of these devices, you can

listen to them at max volume or set a limit. that's a little bit lower that is much more reasonable thing. let me show you for a second, if i can, michaela. what is happening specifically. you see soundwaves coming into ear over here. sound waves come and then hit this area over here called the membrane and it transmits sounds, stick with me, michaela. but, ultimately, in this area over here where there is these little hairs that help filter that sound and send it to the brain. those hairs when they're damaged as a result of loud noise, those are irreversibly damaged. you may never get some of that sound quality back. that's sort of the issue here. that's what they're trying to prevent. >> once that hear aing loss is gone, there is no recouping it. we know a lot of scientific technological advances that have come the way of helping people restore some hearing. is that going to be helpful here at all? >> it might be. we talked about this on your program a few weeks ago.

different sorts of devices for people who have different types of hearing loss, but the mess e message, loud and clear from all these organizations is prevent this from happening in the first place. so, for example, if you set your device at 60% of max. you can do this today. you have an iphone or whatever device, set the maximum, 60%, don't listen it it for more than an hour a day. people are using headphones are slightly more risk than those not using headphones. you in your studio don't sit so close to cuomo. that might save your hearing, as well. >> sanjay, the nicest guy in the world. >> it's friday, i had to do it. >> you makes sense. when sanjay comes after you, you know you have a problem. >> i love you, chris, like a brother. >> good advice from the good doctor. be sure to tune in to dr. sanjay gupta md saturday 4:30 eastern and sunday 7:30 eastern time.

>> he didn't hear you. after that beat down, it is time for the good stuff. i know i need it. in today's edition. hard working college student betsy holmes. scrimped together $400 in cash for a new laptop. cash. she fut in a plain envelope, wrote deposit on it and also had a stack of mail for the post office. somehow the envelope with the cash got mixed with the stack of mail. went in the mailbox. take a listen. >> i just kissed it good-bye and, you know, kind of kicked myself for it because i was just in a rush. >> taking her a long time to save the money. imagine her upset. the money left the mail box and went all the way to the processing center. that processing center moves 3 million pieces of mail a day. truly someone had to find the cash and take it, wrong. take a listen. >> we sometimes take our share of lumps and bumps but we know we have good employees.

>> that's the point of the good stuff. an eagle eyed mail handler noticed the envelope and noticed the return address, which wasn't betsy's it was the employer's. went to the employer and two days later that's where it appeared. postage paid themselves to get it back to betsy. >> that is super good. >> he's right. the post office takes a lot of lumps and some deserved, some not. that's a debate for another time. but this is good and worthy of highlighting. >> that's why we call it the good stuff. people going above and beyond to do the right thing. and it happens so many lives every day. so, let us know. tweet us. facebook us with #newday. lift up your voice. nice and loud because i'm losing my hearing. and let us know so we can keep telling you these good stories. that was a great one. >> thank you, thank you. so, from the good stuff to some more good stuff. a cnn hero. when 19 elite firefighters died

in that devastating yarnell wildfire in arizona a, the donations came pouring in and one woman is making sure the support doesn't stop. >> 19 men, 19 husbands, fathers, sons, friends and brothers. 19 firefighters part of an a elite 2,000 member group known as hot shots. >> it's hard not to lose one. but when you lose 19 that are tight,t's a domino effect. there is a hole here. vicki minor flew immediately to prescott, arizona, to offer her support. since 1999 vicki and her team have helped thousands of firefighters and their families with emergency funds, medical support, travel and lodging. >> we help the families of the injured get to the bedsides. we do long-term recovery with them. >> her group has provided millions of dollars to help, but at the end of the day vicki says money can only accomplish so much. >> those families miss the smell

of smoky yellow shirts. we keep them connected back to this wildfire family. i love these yarnell firefighters. i will do anything to protect them and help them. >> that was good cnn hero. >> it really was. you have to remember them any way that you can. it was great. good to be focusing on them here at cnn. we'll take a break. 25 minutes past the hour. the george zimmerman murder trial will be back in session in just minutes. important discussions and the defense closing argument. we will bring it to you, live. could save you fifteen percent

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we're following breaking news here about 8:30. time for the george zimmerman trial to begin. we know that george zimmerman has been brought in by his own security escort. he is in the room. what happens today? >> first, let's the tick talk of how things will play out. >> at 8:30 the judge will have the fineinalstruction al instru lawyers. >> could be short, could be long? they've been nigfighting over i lot. >> already printed up. final objections to include fairness. then the defense will start. >> mark o'mara, someone we've seen so much throughout this trial. he is laying out the defense's case, countering, trying to counter as many points as possible. what they heard from prosecution when they wrapped up their closing arguments yesterday. right now we're looking at live pictures from the courtroom. let's take it live and listen to what judge debra nelson has to

say. >> do we have the later, newer version of the verdict form with the correct spelling? >> i believe so, your honor. >> i've got two. pardon. >> they gave you two. >> just one slight matter we can approach before court begins, your honor. >> sure. >> all right, so, what's going on right now is that defense counsel wants to approach to discuss the judge is going through the business to making sure the verdict form and the instructions are right. defense counsel had something he wanted to discuss and they approached the bench and dropped the mikes and sometimes they'll do that because discussions among the lawyers and the judge is not necessary for the jury's ears. >> chris, you were talking about, i want to lay out for the

viewers. the jury instructions, the stack of paper is so essential and such a key part of what the jury is even allowed to consider when they go back to deliberate. let's walk through that. >> now, obviously, they happen in every one of these criminal trials, but, they are very much what the jury will rely on. very often in the jury room during deliberations. they are looking at the rules, the instructions more than examining evidence because they're trying to figure out how what they heard fits in to what they are supposed to do. very tricky for them. in this particular set of instructions. now, we also have jeffy toobin joining us, who understands this stuff much better than i do. up front in this book of some odd 20 pages of instructions, all the different ways they can find justifiable homicide. meaning george zimmerman not guilty in this case. explain that to us. >> the issue in this case is not who done it. everybody knows how trayvon martin died and who pulled the trigger. the issue is intent. what was in george zimmerman's

head when he pulled the trigger? was he feeling a justifiable sense of threat? was he defending himself or was he exercising negligence or something worse in committing a crime? that's the only issue in the case and the judge, i think, appropriately right up at the front of the instructions tries to define those concepts of what is the appropriate level of intent for guilt and for not guilty. >> thank you for that. we'll take a quick break now. the lawyers finished their discussion. we'll start hearing defense closings when we come back. we got to see different cutouts of trayvon. we'll see what the defense uses them for when we come back.

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nchsh welcome back to "new day." let's go live. mark o'mara making his final closing argument. let's listen in. >> without sounding over the top about it. you've taken on a responsibility that few people have the opportunity to or the obligation to. and even more so than most, because you may not know this, but most trials last a day or two. they don't last several weeks and it is very few trials, very few where there is enough of a concern that we have to sequester the jury. so, you guys are giving us just not your attention during the day, but sort of your life, 24 hours a day, even more so in effect than we have. i appreciate that on behalf of everyone that just spoke about. the whole system works and works with you.

strange in a way that we have a system ongoing in and we bring in people that know as little as possible about the system and tell them to make the post important decisions within it. and that's what we asked you to do. we -- and i have some fears i want to talk to you about in that regard because when we talk to you in jury selection and talked about sort of what this process is and how you have to come to us, i used the words like unique. strange even as far as the system that you're now involved in. we're used to it. we do it every day. sort of like doctors with blood. you know, you get used to it. just part of what you do. we deal with things like autopsy photographs and jury instructions and evidence and witnesses who may or may not remember things or maybe not tell the truth. a witness that come with biases. we come into my office and i look at that and i know exactly

how to focus my inquiry because i'm a lawyer. i couldn't do it if i was in a hospital, but i can do it in a law office. we ask you to come in and to take on all of our rules and all of our regulations and do it like you've done it all your life. my fear is that it is a very difficult task we ask you to do. the reason why it's difficult, you're completely unused to it. you don't know how to apply a standard beyond a reasonable doubt. you just don't. you don't know how to wait until you go back in that room to have any thought or any impression about how this case has gone so far. it's impossible. we're not really asking you to do that, but we sort of are. what we said to you are, come from your homes, come from your jobs and sit with us for a month, get rid of, i guess, almost everything as to how you decide things in your life, except bring your common sense. we talked about that a lot.

leave that outside. take on somewhat artificial, by artificial, i certainly don't mean inappropriate or improper and don't want to diminish it at all, but this sort of unusual standard that we're asking you to take on. and my fear is that you will default to what you're used to. you will default to the idea that you make decisions in a split second, like all of us do. that you can't help but have a first impression. if i were to walk in today, let's say, and i just, as an example, walked in like this. walked in the courtroom as a lawyer. you would just have an impression. what is he doing with his sunglasses on and who does he think he is?

this case has gotten a lot of publicity and actually my dad's high school ring. but that's all it takes is an impression. and we look at people and we keep that with us. so, you might have an a impression of george zimmerman. you may have an impression of him because he's sitting at the defense table. maybe as we talked about, he is innocently accused or maybe he is a defendant, maybe he has something he has to defend. maybe, in fact, because the city's attorney office has decided to charge him, he has to have done something wrong. maybe that's an a impression that you have. unfortunately, we're not going to ask him not to have impressions. that's absurd. my fear, as i was telling you about it, if that allows you to sort of diminish or minimalize your task that you've taken on

here that it works against my client. because when we, even when we talk about things like common sense, we want you to use your common sense. be careful with your common sense. and i know it's a dangerous thing to say. be careful with your common sense because common sense is the way we run our everyday lives. the way we make the snap decisions that we have to make every day. in order to work, in order to live to deal with our children and our parents. i mentioned as an example, driving today. you guys didn't drive today, but we did. you know, you presume people will drive in the lane and not just cut you off. it's these assumptions that we make. >> excuse me, i am so sorry. i'm sorry to interrupt. >> no problem at all.

we'll wait now because it may need to be restarted. my concern is that it may, in fact, work against my client because if you start using those same processes that we're used to every day and just look at things and make a decision and move on, that suddenly and unintentionally you're going to minimize or diminish the standard that has to be applied in this case. and i'm afraid of that for this reason. if you do that, not only is it going to go against my client but any verdict you come up with is going to be sort of a compromised verdict. a verdict that is not based upon the standards that you agreed to and i'm not blaming you for not doing it. that you agreed to and that is the only way that the system really works. we talked about the difference

in civil cases and jury selection. we talked about the fact if this was a civil case, you would go back in the jury room and say, the state wants. 51%, whatever it might be. that is the standard. we talked. i think that's probably the standard we use in everyday lives. everything but those most important decisions. even when the decision is made to move out of state. to come down to florida. to move your life here. we talked about maybe that's a decision which is sort of similar to it beyond a reasonable doubt. i don't know about that. i think you make a decision like that, you weigh the possibilities and you never look at a situation like that and you say i look to address all variables and all variables are resolved in favor of this.

you look at it, an opportunity or necessity and you figure it out. you weigh what you can weigh and you accept what you have to accept and then you make the decision. i would argue to you, i would submit to you that that's not what you can do here today. i think that what you have to do is be absolutely vigilant, diligent in looking at this case and deciding it with the standard for one that you have to take on. now, that doesn't mean that you have to go back there and wrestle over whether or not officer romando, does he have medals on the right side of his chest or the left side of his chest. that stuff doesn't matter. but what does matter are the significant issues of whether or not the state has proven their case. and on those essential elements and those essential facts, you have to look at that because my fear, mr. zimmerman's fear is

failing to do that, you will do some of what the state has asked you to do. they asked you to do it in vore dire jury selection. they asked you to do it in opening when they yelled those words that you know weren't yelled. they asked you to do it throughout the entirety of their case. so far, they even asked you to do it in closing. you are not a premise. the judge is going to tell you with the lawyers, you heard beyond a reasonable doubt instructions and i'll spend some time on it, again, to the extent that my argument or insight or presentation differs from what the court tells. listen to what the court tells you. within that context, it's a very, very difficult standard. it is one we have to look at it and be very vigilant to make

sure that when you're looking at this case, you're not making assumptions that help you decide the case. assumptions presume a lack of evidence. because if you have to presume something, you don't know it. and if you don't know it, it hasn't been proven. and if it hasn't been proven as the instruction tells you, it's just not there. and you can't consider it. you can't fill in the gaps. you can't connect the dots to the state attorney's office in this case. you're not allowed to. so, i'll give you a couple of examples. they're not utterly significant, but i'll give you a couple of examples. what do you know about george zimmerman? well, use your memory, but you know he went to college, you know he's in neighborhood watch and lived there for a couple years. i think you know he's married because we mentioned his wife's name, i believe.

you know that his mom and dad are still around because they testified. and you don't know a lot more about him than that. i mean, a few more things. you'll remember them and i'm not going to have a complete review of all the evidence, but you don't know a lot about him. to the extent that there are questionsory issues that you don't know about george zimmerman, we're done with the evidence. you're not getting any more information from the state attorney's office to prove their case against george zimmerman. don't assume it. don't presume it, don't connect dots and don't fill in the blanks with anything. i'm not saying you'll be sinistered during that. i'm just saying no matter what it is, you can't do it. that's when we say to you, this case is to be decided on the evidence presented in court, it sounds grandiose almost. well, of course, we're going to, there is nothing else. the problem is if you're not

careful, as we do in our everyday lives, you will connect the dots when you're not supposed to. you will fill in the gaps when you're not supposed to. you will make those assumptions. some of which the state asks you to do in the closing, you will do that. because, it is natural. it is very natural. but not in a criminal courtroom. it is not only unnatural, it is inappropriate. what do you know about trayvon martin? not much either. but you're not supposed to. what happened that day is what happened that day. but what i don't think you should do is fill in any gaps, at all. connect any dots for him either. for any fact. if the decision was made by the state not to present additional evidence to you, do not presume. do not assume and do not give anybody the benefit of any doubt except for george zimmerman because, one, you said you

would. two, that's the only way the verdict you come up with is going to be just and going to be fair. one filter, be careful. address my fear, if you would, by just being careful. just making sure that when you're back there talking and somebody says, well, you know, he's sort of this or really think that one other of you just says, i hear you, sort of thinking it, too. can't do it. let's just take that thought, that very natural extrapolation and put it to the side. you might say to yourself, since it's the state that carries the burden alone. you know, that's what the state didn't give us. that's what they did not show to us. so, let's look at the jury instructions and see if it matters. does it matter officer romando is wearing his medals? no. if it's a significant issue and

something you need to consider and decide in a case of whether or not george zimmerman committed second degree murder, then sit back and say, i have to look at the instructions. and the instructions say that reasonable doubt can come from lack of evidence as well as it can come from a conflict in the evidence. the reason why we tell you and you're instructed by the court that george zimmerman need not prove anything is precisely that reason. again, a strained system, anyone with children know that you want to get them separated and get the story a from both sides. and that's the only way to figure it out. who stole the cookies and who gave the cookie to the other one to cover up the crime. you get an idea because you get them both. why does he have that benefit? why did he come before you and decided not to testify and then you get to sit back and go, wait

a minute. my assumption is i want to hear from him. now, this case, obviously, is different than others because you heard from him. time and time and time again. you heard from him. tell me what happened that night. even if we didn't put on a statement, you still would have to go back there and say, i'm not considering that. why do we take away that common sense, presumption of finding out all the information that we can about a case? because we've already talked about it. you want to take away somebody's liberty. the burden is on the state. and it goes back a long, long way. i've got a quote to talk to you about. couple of them, actually. john adams 1770 when we sort of

started this experiment a couple hundred years ago. i guess it's 250 now. more importance that innocence be protected than the guilty be punished. now, if i stop there, it sounds like i'm asking you to let my guilty client go. i'm not. he's not guilty of anything, but protecting his own life. but the court continues. for guilt and crimes that are so frequent in this world that they cannot all be punished. but, if innocence itself is brought to the bar and condem d condemned, perhaps to die, then the citizens say whether i do good or whether i do evil is immaterial. for innocence itself, there is no protection. and if such an idea as that were to take hold in the mind of the citizens, then it would be the end of security whatsoever. i have a quote in my office from the 1700s where my family came

from ireland. i was there to visit, but it also talked about, that was from a case where a guy goes to the galas and the question was, condemning somebody and not being absolutely certain as to your decision and sending him not because he was guilty, but maybe because he was innocent and maybe just didn't know. so, that's why we have a system that puts so much of a burden properly on the state attorney's office in this case. to make sure that we don't cut any corners and we don't make any assumptions. and this is a complement here because thomas jeffer ejefferer i consider trial by jury the only anchor by which government can be held to the principles of its constitution. that's you guys. he didn't, i think he was talking about juries in general, but it applies to you, as well.

because we talked about living the constitution. well, planned or not, you guys are it. you are living the constitution. and we'll go over a little bit of it, but i talked to you about it already. this is a solemn matter. we don't take this lightly whether it's through jokes or kidding around and you see us smiling at each other or whatever. this is a serious, serious matter for mr. zimmerman. and it's an utterly serious matter for you. and i don't say that to scold you into act aing a certain way, but just to make sure that we don't do what the state has asked you to do on a couple occasions now. you know what, you guys figure it out. it is an assumption. what about this? it's interesting in a case like this because i call this case the bizarro case in my practice

because it sometimes seems like it is turned upside down to me. not saying you should agree with that. but just a perspective i had in this case. how many could have beens have you heard from the state in this case? how many what ifs have you heard from the state in this case? well, they don't, i don't think anyway, they don't get to ask you that. i don't think they get to say to you, what do you think? no, no, no. no, no, no. what have i proven to you? what have i convinced you beyond a reasonable doubt occurred in this case so much so that you don't have any reasonable doubt to those issues that i presented to you. they are supposed to use wurbor like certainty and definite. and without question. beyond a reasonable doubt. no other explanation.

these are the words and phrases of great prosecutors. i used to be one. i know. i've used them. what aren't good words of good prosecutors are maybe, what if, i hope so, you figure it out, could have been. because those are the assumptions that do not make. do not cheapen your role in this case by doing anything less than holding them to the burden that they said in the beginning of the case they would gladly accept and prove to you. you know, the upside down nature of it is that is what defense attorneys do, if you really think about it. the underbelly of defense work. we're the ones that live in could have beens and what ifs. you know what, here's reasonable doubt. what if, blah, blah, blah.

or could have been that it happened this way and that could have been that reasonable hypothesis of innocence. we'll talk about that in a second. actually not a second, some time this hour, i hope. the could have been. that's where defense attorneys learn to practice and words that they learn to bring to a jury. i'm not going to do any of that with you today. i want you to know exactly what happened that night. i don't want you to presume anything. i would like you to presume anything you can to my client's benefit. after all, that's what great defense attorneys do. but in this type of case, we'll do something that will probably enrage defense attorneys anywhere who are listening to this case. of course, at the risk of

confusing you, i'm going to take a side trip for just a few minutes. and that side trip is going to be, i'm going to take on the obligation to prove to you that my client is innocent. something i absolutely do not have to do. it is the opposite. and let's talk about what i mean about that. because, as you know, the state carries the burden. i'm going to say that probably another dozen times before we're done. we love our charts. first i have this chart. this tells you what reasonable doubt is. at least it is my argument to what reasonable doubt is.

your honor, i will block your view of the jury. >> that's fine, go ahead. yeah, well, if this doesn't fix itself. that might work, thank you. thanks very much, i appreciate that. going to use that for something else, i think. thank you. graphic understanding of what reasonable doubt is. and if it's wrong, mr. guy can come up and point out where i'm wrong and you can make that decision. this is what we've talked about. what might happen. and how convinced you might be.

easy, not guilty. i think you can get the point. i could ask you to read through it and nod your heads in agreement for each one. but the reality is until you get to the concept of guilt beyond a reasonable doubt, you don't get it. what happens if you don't get here? what stays in place? it's not a civics exam, but that presumption of innocence that we talked about never dissipates, ever. the presumption of innocence never dissipates until the state proves their case beyond a reasonable doubt. which really makes sense. it took us from the king's days where he decided if you were guilty or not to your days where you get to. so, this is what happens in a criminal case. the state has to take you from somewhere down here before there's any evidence and he sort of presumed to be not guilty. all the way u